The Atlanta Journal-Constitution

Board OKs wrongful death payouts with his wife, Estelle. The house-sitter refused to let him inside, so Smith broke a glass door and then used a knife to open locked bedroom doors. Estelle Smith told the house-sitter to call police and later told officers

Police shooting, jail death lawsuits end with 6-figure settlement­s.

- By Tia Mitchell tia.mitchell@ajc.com

The families of two men whose deaths were blamed in part on shortcomin­gs with DeKalb County law enforcemen­t will receive six-figure settlement­s to end years of litigation, according to court documents obtained by The Atlanta Journal-Constituti­on.

The DeKalb Board of Commission­ers agreed to pay $475,000 to the wife and children of Dirk Smith, ending the wrongful death lawsuit against the county, Police Chief William O’Brien and the offi- cers who shot and killed Smith in 2010.

The commission also agreed to pay out $187,500 to the estate of Godfrey Cook, who was killed inside the DeKalb County jail in 2009. Saleevan Adan was already facing a murder charge when he attacked Cook.

County officials said no one was available Thursday to confirm the settlement­s had been finalized and both cases closed.

Smith was killed in his Lithonia home after he barricaded himself in a bathroom and refused to follow orders to drop a kitchen knife. Before being shot by police, he was tased twice.

The incident occurred after Smith arrived home early from vacation in Las Vegas after arguing

Smith was shot after charging out of a bathroom closet. Officers testified that he was waving the knife around, but his son, who was present for the ordeal, and photo evidence cast doubt on their explanatio­n.

The district attorney cleared the officers of criminal wrongdoing, but Estelle Smith filed suit in federal court in 2012 accusing police of entering the home without a warrant, using excessive force on her husband and improperly firing their guns to kill him.

A federal appeals court ruled in 2016 that police were justified in entering the home but that the different versions of what preceded the shooting warranted a jury trial. Instead, both sides decided on mediation, resulting in the settlement DeKalb commission­ers approved on June 28.

Adan has been transferre­d from a state mental health hospital to the jail after being deemed competent to stand trial, but judge then reversed that decision. Delays in paperwork kept Adan at the jail long enough for a lethal interactio­n with Cook inside a jail cell.

After Cook’s death, Adan was sent to Central State Hospital, where he killed again. Cook’s estate sued the county, Sheriff Thomas Brown and several correction­al officers, saying neglectful behavior and failure to follow policy contribute­d to his death. Courts ruled that the sheriff had done nothing wrong, although other parts of the case were allowed to proceed.

A Fulton County State Court judge wrote that evidence against two correction­al officers indicated they failed to take precaution­s that could have prevented Cook’s death and therefore could qualify for punitive damages. The case was ordered to jury trial, which was scheduled for this week.

The Board of Commission­ers said both lawsuits will be dismissed as a result of these settlement­s, and the plaintiffs agreed not to pursue additional action against the county.

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